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Legal Formalities
An NRI, a PIO or a Foreigner (American, Canadians, British, and others) who wants
to marry in India has the following choices:
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1. Religious Marriage Ceremony |
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2.
Civil Marriage Ceremony |
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1. Religious Marriage Ceremonies in India |
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In India, a religious marriage ceremony is considered a legal marriage. However
registration of marriage is now a legal requirement in most of the states in
India. Moreover, for visa and immigration purposes a formal marriage certificate
from the Registrar of Marriages is required. There are different rules and
regulations for different religions. For example there are Hindu Marriage Act,
Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is
Parsee Marriage and Divorce Act.
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(a) Hindu Marriage Ceremony
The Hindu Marriage Act of 1955 is applicable to Hindus, Jains, Sikhs and
Buddhists. A religious marriage which has already been solemnized can be
registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is
applicable in cases where both husband and wife are Hindus, Buddhists, Jains or
Sikhs or where they have converted into any of these religions. The Hindu
Marriage Act provides for the conditions of a marriage where under the
bridegroom should be the age of 21 years and bride of 18 years, they both should
not be within the degree of prohibited relationship.
The documents required for
registering a marriage under the Hindu Marriage Act are as follows:
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Application form duly signed by both husband and wife
•Documentary evidence of
date of birth of parties (Matriculation Certificate / Passport / Birth
Certificate) Minimum age of both parties is 21 years at the time of registration
under the Special Marriage Act
• Ration card of husband or wife whose area SDM
has been approached for the certificate Affidavit by both the parties stating
place and date of marriage, date of birth, marital status at the time of
marriage and nationality
• Two passport size photographs of both the parties and
one marriage photograph Marriage invitation card, if available
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• If marriage was
solemnized in a religious place, a certificate from the priest is required who
solemnized
the marriage
• Affirmation that the parties are not related to each
other within the prohibited degree of relationship
as per Hindu
Marriage Act or
Special Marriage Act as the case may be Attested copy of divorce decree/order in
case
of a divorcee and death certificate of spouse in case of widow/widower
Icase one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a
conversion certificate from
the priest who solemnized the marriage
• All documents excluding receipt should be attested by a Gazetted Officer
Verification of all the documents is carried out on the date of application and
a day is fixed and communicated to the parties for registration. On the said
day, both parties, along with a Gazetted Officer who attended their marriage,
need to be present before the SDM. The marriage certificate under the Hindu
Marriage Act is issued on the same day or within a few days.
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2. Civil Marriage Ceremonies in India
Parties who do not wish to marry in a religious ceremony can instead opt for a
civil ceremony pursuant to the Indian Special Marriage Act of 1954.
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In case a
marriage between an Indian and a foreign national is to take place in India,
generally its required to file a notice of intended marriage with a Marriage
Registrar of your choice in India. That notice is required to be published for
the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free
to perform the marriage.
The notice of intended marriage can only be given in
India, if at least one partner is permanently and the other partner temporarily
resident in India. |
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If one partner is residing in a foreign country then the
partner who is resident in India will have to fill out the “Marriage Notice”
collected from the Marriage Registration Office of his/her choice in India and
send it to his/her partner in the foreign country who will also have to fill it
out. This “Notice” should then be sent back to the partner in India who will
have to re-submit it at the Marriage Registration Office. After the stipulated
waiting period of 30 days the marriage can take place in India. Under the
Special Marriage Act, 1954 a certificate showing the signatures of the persons
married, the registrar and the witnesses will be issued. This Certificate is
required as proof of the marriage and when applying for a visa to for a foreign
country.
The following documents are required for both the partners:
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A valid Passport
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Original Birth Certificate showing parents' names
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If the person concerned is widowed, the original death certificate of the deceased spouse
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If divorced, copy of the final decree
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Documentary evidence regarding stay in India of the parties for more than 30 days (ration
card or report from the concerned SHO)
The American citizen who wishes to participate in a civil marriage ceremony may be required to
present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well
as proof of termination of any previous marriages. Similarly, a citizen of another foreign country
may be required to present to the marriage officer a “no objection letter” from the Embassy or
Consulate of his country, as well as proof of termination of any previous marriages.
In a nutshell, under the Special Marriage Act, the parties generally are
required to wait at least 30 days from the date of initial application to
formalize the marriage so that the marriage officer can publish a newspaper ad
allowing for the opportunity for any objections to the marriage to be voiced.
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